A Michigan Jury Instruction — Modified Allen Charge is a legal instruction given by the judge to a jury when they are deadlocked or unable to reach a unanimous verdict. This instruction is also known as the "Allen Charge" or "dynamite charge." The purpose of the Modified Allen Charge is to encourage jurors to continue deliberating and to attempt to overcome any impasse or disagreement. It is meant to remind jurors of their responsibility to reach a consensus and to stress the importance of a unanimous decision. In Michigan, there are several types of Modified Allen Charges that may be used, each addressing different aspects of the deadlocked jury situation. Here are some variations: 1. Standard Modified Allen Charge: This charge emphasizes the importance of reaching a unanimous verdict by reminding the jurors of their duty to consider the evidence, listen to each other's viewpoints, and deliberate in good faith. It may also include a caution against stubbornly sticking to one's position without considering the views of others. 2. Modified Allen Charge with Additional Instructions: In some cases, judges may provide specific instructions to address certain issues raised during deliberations. For example, if jurors are disagreeing on the weight of particular evidence, the charge may include guidance on properly evaluating and weighing that evidence. 3. Modified Allen Charge with Clarification: If jurors are struggling with understanding a specific legal concept or requirement, the judge may provide further clarification to assist them in their deliberations. This could involve restating legal definitions, explaining relevant laws, or providing examples to aid comprehension. 4. Modified Allen Charge addressing Jury Nullification: In certain situations, the Allen Charge might also highlight that the jurors' duty is to apply the law as instructed by the court, rather than holding their own personal beliefs or opinions. This type of charge aims to prevent jury nullification, where jurors may refuse to convict even if the evidence supports a guilty verdict. Michigan's Modified Allen Charges aim to facilitate productive deliberations, foster open communication among jurors, and encourage a unanimous verdict based on a fair consideration of the evidence and the law. It is crucial for judges to tailor the instruction to the specific circumstances of the case and the jury's deadlock to maximize its effectiveness in promoting an unbiased decision-making process.